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Court Process in Martinsburg, WV
DUI Court Dates, Arraignment & Final Plea in West Virginia
The process for DUI court dates in West Virginia begins once official charges are filed against you for driving under the influence (DUI). If law enforcement determines, through a thorough investigation and sobriety tests, that your blood alcohol content (BAC) exceeds the legal limit, you could be charged with a DUI and face immediate arrest. Following the arrest, you may either remain in custody as per legal norms or be released with the assistance of a bond, which ensures your appearance for future court dates.
What is DUI Arraignment?
The DUI arraignment is a legal procedure where you are brought before a judge who will inform you of your rights and outline the charges against you. During this proceeding, which typically occurs in the lower county court of West Virginia, you will have the opportunity to plead guilty or not guilty. Often, arraignments happen without the presence of an attorney. If you’re dealing with these procedures, contacting a Martinsburg criminal lawyer can help guide you through the process effectively.
Filing Pre-Trial Motions
Before your case proceeds to trial, both the defense attorneys and state lawyers must file pre-trial motions. These motions establish the parameters of the legal proceedings. For example, they can determine which evidence can or cannot be presented, whether witnesses may be called, and whether the case should go to trial or be dismissed.
A plea deal is often offered during this stage, and having a Martinsburg DUI lawyer on your side can significantly influence your decision to accept or decline the deal. Your case could result in probation instead of jail time, or potentially a reduced sentence, depending on your circumstances. The legal team at Mountaineer Criminal Law Group can be instrumental in helping you make the right choice during this critical stage.
What Happens When a DUI Trial Begins?
If your DUI case proceeds to trial, the first step involves jury selection. During this process, both the defense lawyers and the prosecution can question potential jurors and request dismissals if necessary. Once the jury is seated, the trial officially begins.
- Opening Statements: Both attorneys deliver their opening remarks outlining their arguments.
- Prosecution’s Case: The prosecution presents their evidence and witness testimonies.
- Cross-Examination: The defense cross-examines the prosecution’s witnesses to question the validity of their accounts.
- Rebuttal Case: The prosecution may present additional evidence or witnesses to counter the defense’s arguments.
- Closing Arguments: Both sides summarize their case and make final arguments to the jury.
Once the arguments conclude, the judge dismisses the jury for deliberations.
Final Outcome
The jurors deliberate, considering all evidence and testimonies presented during the trial. They then deliver a verdict based on their discussions. If a guilty verdict is reached, the jury or judge determines an appropriate sentence.
When battling DUI charges, having reliable legal representation can make all the difference. A Martinsburg criminal lawyer, such as those at Mountaineer Criminal Law Group, can provide the research and support necessary to build a strong defense strategy tailored to your case.
Why Choose Mountaineer Criminal Law Group?
Facing DUI charges can be overwhelming, but with Mountaineer Criminal Law Group, you won’t have to face them alone. Our Martinsburg DUI lawyers work diligently to reduce or eliminate charges, ensuring your rights are protected at every step.
Call us at (304) 381-3656 to schedule a free consultation with our experienced lawyers in our Martinsburg office or any other location across West Virginia. Whether your situation is straightforward or complex, we are committed to securing the best possible outcome for your case. You can count on Mountaineer Criminal Law Group to be your steadfast ally in even the toughest legal challenges.